People v. Garguilio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*798The defendant’s contentions that the prosecution failed to present legally sufficient evidence to disprove his justification defense and to establish the elements of murder in the second degree beyond a reasonable doubt are unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]; People v Flores, 43 AD3d 955 [2007]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to disprove the justification defense and establish the defendant’s guilt beyond…
2Cases cited19 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- People v. ContesNew York Court of Appeals · 1983
- People v. RomeroNew York Court of Appeals · 2006
- People v. GrayNew York Court of Appeals · 1995
- People v. RosarioNew York Court of Appeals · 1961
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3Cited by16 opinions
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- People v. PerezAppellate Division of the Supreme Court of the State of New York · 2010
- People v. LandriAppellate Division of the Supreme Court of the State of New York · 2013
- People v. HuddlestonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. AyalaAppellate Division of the Supreme Court of the State of New York · 2010
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